The Italian Supreme Court of Cassation has annulled a speeding fine because the speed camera was approved but not homologated. Italian law states that speed cameras need two authorisations: approval and homologation. The Supreme Court of Cassation’s order shows that some Italian speed cameras are only operating with the former, which would invalidate their fines.
The appealed fine was imposed by the Municipality of Treviso for driving at 97 km/h in a 90 km/h restricted zone. In 2023, the Municipality of Treviso collected about 8 million euros in traffic fines. The Municipality itself has confirmed that the speed camera in question will continue to operate, the contrary would have been a surprise, to be honest.
How to appeal an Italian fine
Can I appeal against an Italian fine for non-approval of the speed camera? Italian fines can be appealed to two different authorities:
- Appeal to the Justice of the Peace: the deadline is 30 days from the notification of the fine. To lodge an appeal to the Justice of the Peace a fee of about €45 has to be paid (it is higher for fines over €1000). The judgment of the Supreme Court of Cassation may be an argument, but it does not guarantee a favourable ruling.
- Appeal to the Prefect: although this route exists, it is reserved for very special cases of illegitimate fines, so it is not recommended if what we want to allege is the lack of homologation of the radar. The time limit in this case is 60 days.
The Italian authorities are working to ensure that all of the country’s more than 11,000 speed cameras are homologated in the coming months. The fine notice usually indicates whether the speed camera is homologated. Italian consumer associations recommend sending the body issuing the fine a request for access to records to confirm whether a speed camera is homologated.
Read more: LifeInItaly.com.